Conrad Schopp Fruit Co. v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 43 Pa. Super. 481
• 1910 Pa. Super. LEXIS 77

Syllabus

<p>Carrier — Railroads—Notice of claim — Waiver.</p> <p>1. Where a railroad company is sued for the loss of a carload of tomatoes which were alleged to have rotted from the neglect of the company properly to ice them, and the company has full knowledge of the condition of the car and its contents upon arrival, and in the course of correspondence with the owner denies its liability on the ground that it had properly performed its contract of carriage, it cannot after suit brought defend on the ground that it had not received the thirty day notice of loss provided for in the bill of lading.</p> <p>2. In such a case where the evidence is conflicting as to whether the decayed condition of the tomatoes was caused by a lack of ice which the defendant had agreed to supply, the case is for the jury.</p>